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Axay Kumar vs. Union of India & Ors.

Writ Petition (Civil) · 2026:DHC:8838-DBDecided 6 Oct 2026New Delhi Bench
W.P.(C) 14245/2026CNR: DLHC010463312026
Justice C. Hari Shankar · Justice Nivedita Anil Sharma

Background

The petitioner's writ petition against the Union of India came up for hearing, but counsel for the petitioner sought leave to withdraw it, intending to file a fresh writ petition instead.

Decision Breakdown

The Court granted leave and liberty to withdraw, and the writ petition was disposed of as withdrawn, with the petitioner free to file afresh in accordance with law. No findings were made on the underlying grievance.

Lesson Learnt

Withdrawing a petition with liberty to refile is a routine procedural step that preserves a litigant's right to bring the matter again, properly framed, without being treated as having lost on the merits.

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